THE LANDLORD'S OBLIGATION TO REPAIR AND THE RECOURSES OF THE TENANT

Authors

  • JOHN W DURNFORD

Abstract

The tenets of the lease contract have survived centuries of change relatively unscathed. But what about the tenants? The landlord must furnish the tenant with enjoyment of the premises leased and, consequently, must deliver and maintain the premises in a good state of repair. The tenant must carry out lesser repairs resulting from abuse or damages, unless the repairs are necessitated by age, force majeure or defect. The problem is that the list of the tenant’s repairs has become out of date and thus reform is necessary. John W. Durnford examines the landlord’s obligation to repair and the extent to which he or she may contract out of that obligation. A consideration of the various recourses available to the tenant whose landlord is failing to maintain the premises follows.

Keywords:

Landlord and Tenant, Quebec

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Published

1966-09-01

Issue

Section

Legal Commentary